Breaking and entering is a crime in Maryland. See Section 6–204 of the Maryland Criminal Law Code, which states that a “… person may not break and enter the dwelling of another with the intent to commit a crime.” This crime is deemed a felony under Maryland law and is technically called “burglary in the third degree .” A person convicted of breaking and entering faces up to 10 years’ imprisonment. If you have been arrested and/or charged with breaking and entering, call the top-tier Maryland criminal defense lawyers at the Law Office of Robert Castro at (301) 870-1200. You can also use our contact page. If you are searching for “Maryland breaking and entering lawyers” or “Maryland burglary lawyers,” call us. We are skilled, aggressive, and tough criminal defense attorneys who can give you the best chance of mounting a successful legal defense. We have offices in Waldorf, Maryland, and are available 24/7.

An acquittal for charges of breaking and entering is most commonly obtained by demonstrating one of three things:

• There is no proof of “breaking”
• No proof of “entering” or
• No proof of the intent to commit a crime once within the building or location

There are other possible defenses depending on the facts, such as alibi, mistake, mistaken identity, authorization, apparent authorization, necessity, etc.

One reason that you will need experienced criminal defense attorneys is that many other crimes will be charged if you are charged with breaking and entering. First, the breaking itself is considered a crime, which is designated as burglary in the fourth degree. This crime is punishable by a jail term of up to three years and can involve any type of structure or real estate, like a house, yard, land, shed, garage, etc. When breaking a lock or door related to a structure, the statute does not require any intent to steal or commit a crime (though such is required for breaking into a yard, garden, or onto land, etc.).

If the Maryland prosecutors have charged 3rd-degree burglary, they will often go ahead and charge 1st- and 2nd-degree burglary. The idea is to give the jury as many options as possible to obtain a conviction on at least one charge. First-degree burglary involves breaking and entering a dwelling, while second-degree burglary involves breaking and entering a “storehouse,” which is a general term for any non-residential structure, such as a warehouse, barn, or similar building. Each of these crimes requires proof of intent to commit a crime or to commit theft. First- and second-degree burglaries carry punishments of up to 20 and 15 years, respectively.

It is also likely that you will be charged with possession of burglary tools with the intent to use them to commit burglary. A conviction for this crime carries a prison term of up to three years. The words “burglary tools” are broadly defined to basically mean any tool or device that might be used for breaking and entering. Thus, a screwdriver, hammer, or shovel could be deemed “burglary tools” depending on the circumstances.

Finally, if any sort of theft actually took place, prosecutors will charge various levels of theft depending on the value of the goods stolen.

As can be seen, a Maryland criminal case involving breaking and entering will likely be serious and involve multiple crimes and charges. You will need the best criminal defense team that you can find.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 11701 Central Avenue, Suite 200, Waldorf, MD 20601.